Defective Defence: IT,TP and life science
Legislation enacted nearly 20 years ago threatened to expose the pharmaceutical industry to a tide of liability claims over defective products. Anthony Warnock-Smith examines why the floodgates have yet to open
No-fault liability for defective products was introduced into English law nearly 20 years ago. The Consumer Protection Act 1987 implemented European Directive 85/374. It was thought at the time that it would herald a deluge of consumer-led claims and a number of industry sectors – particularly pharmaceuticals – had serious concerns about the likelihood of claims even where the safety of medicines, for example, is strictly regulated by sector-specific mechanisms.
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